Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering Industry: Conditions of Employment Collective AgreementChapter 6 : Remuneration and Record Keeping6.4. Deductions from wages - general |
| 6.4.1 | An employer may make any remuneration, unless— |
| (a) | Subject to sub-clause 6.4.2 below, the employee, by written agreement, consents to the deduction in respect of a debt which must be specified in the agreement; or |
| (b) | The deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award. |
| 6.4.2 | A deduction in terms of sub -clause 6.4.1(a) above may be made to reimburse an employer for loss or damage only if: |
| (a) | The loss or damage only occurred in the course of employment and was due to the fault of the employee; |
| (b) | The employer has followed fair procedure and has given the employee a reasonable opportunity to show why the deductions should not be made; |
| (c) | The total amount of debt does not exceed the actual amount of the loss or damage, and; |
| (d) | The total deductions from the employee's remuneration in terms of this subsection do not exceed one quarter of the employees' remuneration in money. |
| 6.4.3 | An agreement in terms of sub-clause 6.4.1(a) in respect of any goods purchased by the employee must specify the nature and quantities of the goods |
| 6.4.4 | An employer who deducts an amount from an employee's remuneration in terms of sub-clause 6.4.1 for payment to another person must pay the amount to the person in accordance with the time period and other requirements specified in the agreement, law, court order or arbitration award. |
| 6.4.5 | An employer may not require or permit an employee to— |
| (a) | Repay any remuneration except for any amount paid in error for overpayments previously made by the employer resulting from an error in calculating the employees' remuneration; or |
| (b) | Acknowledge receipt of an amount greater than the remuneration actually received. |